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Closing Arguments in Landowner's Constitutional Challenge Lawsuit to NE Law LB 1161 Affects Keystone XL Pipeline


David Domina appeared in a Nebraska court last Friday to make his closing arguments in a case that challenges the constitutionality of a decision that allowed Nebraska Governor Dave Heineman and, consequently, TransCanada Corp. to invoke eminent domain on Nebraska landowners for the Keystone XL pipeline project.

Mr. Domina appeared before Judge Stephanie Stacy and said, "The legislature is not empowered to delegate power to a private company at the expense of its residents."

Mr. Domina and Domina Law Group are representing three landowners, although the plaintiffs represent many other landowners that this legislation affected.

Because this pipeline project crosses a national border (starting in Alberta, Canada and traveling to the Gulf Coast in Texas), it is subject to review by the U.S. State Department. Until the President approves the project, TransCanada must wait.

Last Friday's hearing before Judge Stacy in a Lincoln courtroom lasted about 35 minutes. Stacy said that she would issue a written ruling on the case but did not state when that ruling could be expected.

Domina Law Group's Brian Jorde commented that his clients' primary concerns revolve around the potential environmental effects of this pipeline and the fact that a foreign company is invoking eminent domain to take their land.

The legislation gives TransCanada the authority to bypass review by the Public Service Commission if Gov. Heineman approves of the route. At that point, TransCanada can invoke eminent domain and offer Nebraska landowners a price for their land. Watch the closing arguments below:

Read the following articles about the Trial, Closing Arguments and Next Steps:

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